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United States v. Quijada

United States District Court, D. Minnesota

January 13, 2020

United States of America, Plaintiff,
v.
Victor Manuel Quijada (1), Defendant.

          Thomas M. Hollenhorst, Assistant United States Attorney, for the Government; and

          Kevin M. O'Brien, for Defendant.

          ORDER

          Tony N. Leung United States Magistrate Judge

         This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the following motions:

1. Government's Motion for Discovery (ECF No. 14);
2. Defendant's Motion for Discovery (ECF No. 18);
3. Defendant's Motion for Release of Brady Materials (ECF No. 19);
4. Defendant's Motion to Retain Rough Notes (ECF No. 20);
5. Defendant's Motion for Disclosure of Rule 404(b) Evidence (ECF No. 21); and
6. Defendant's Motion for Early Disclosure of Jencks Act Material (ECF No. 22).

         Based upon the record, memoranda, oral arguments of counsel, and the agreement of the parties as noted at the hearing and in their respective briefs, IT IS HEREBY ORDERED as follows:

         1. The Government's Motion for Discovery (ECF No. 14) is GRANTED. The motion seeks discovery available under Federal Rules of Criminal Procedure 12.1, 12.2, 12.3, 16(b), and 26.2. At the hearing, Defendant had no objection to the motion. Therefore, the Government's motion is granted; Defendant shall comply with his obligations under the Federal Rules of Criminal Procedure. Defendant shall make his expert disclosures no later than 30 days prior to trial.

         2. Defendant's Motion for Discovery (ECF No. 18) is GRANTED as follows: Defendant seeks discovery materials, including statements, the prior criminal record of Defendant, items material to the preparation of his defense, results or reports of physical or mental examinations. Defendant also seeks disclosure from the Government of a written summary of any expert testimony the Government intends to use at trial, including the witnesses' opinions, the bases and reasons therefor, and the witnesses' qualifications. At the hearing, the parties agreed that all expert disclosures would be made no later than 30 days before trial. The Government also noted that is has already provided some of these materials to Defendant and is aware of its ongoing duty to disclose.

         The Government shall fully comply with its obligations under the Federal Rules of Criminal Procedure, Federal Rules of Evidence, and all other relevant authorities concerning discovery and it shall disclose these materials in a timely fashion. See Fed. R. Crim. P. 16(a)(1)(G); Fed. R. Crim. P. 16 advisory committee's notes, 1993 Amendments (“Although no specific timing requirements are included, it is expected that the parties will make their requests and disclosures in a ...


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